New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-20
GOOD WORK WITH THE JURY.
FIVE CHALLENGES MADE by THE PRosEcuTIoN-A
GOOD PANEL.

FIVE CHALLENGES MADE BY THE PRosEcurIoN-A
GOOD PANEL.
Good work Is being done by the lawyers IN the
Sharp case toward obtaining jury, and it looks ct
this stage though the jury would be composed Of
fairly good men, IL their faces and their answers
can give any assurance Of their characters. The
prosecution continued exercising its right of per-
emptory challenge until the end of yesterdays
sion and now the defence will undoubtedly have
some changes to make The box looked better last
night when adjournment was taken than it did the
day before. The panel was much better than any had
been before 1t contained smaller ratio Of gn-
mill keepers Every now and then really intelli-
gent man came along. He was quickly secured if
he we'd honest enough to declare his ability to
decide the the evidence Intelligent men
who confess that their opinions would influence
their judgment of q case on legal evidence seem to
forget what picture Of mental weakness they are
drawing of themselves
The prosecution opened the days proceedings by
peremptorily challenging Mr. Mares the first juror
and the only one chosen on Monday. Forty min
utes were expended in a searching examination of
Abraham Brill. glove manufacturer at No. "a
West FouI teenth-st, living at the Hotel vendome.
Mr.. Brill said that he felt himself able to give q
true verdict on the evidence, but he was a very
busy man and hoped he might be excused. The
to admire Mr.. BrilPs candor though he seriously
objected TO the fact that he had an opinion. Said
he:
have frequently been on the point Of asking jurors who
came here with their pnio9s all ready 70 re az rs they
been very evident that summoned here have not
get away 90 places Of
& @ nk 30 0o M on, snh h,t a'S n1 yo
You ike ~ ''"' A'A"S 4D''N'H' ' 'D''
Mr. Brill had an opinion, not fixed one nor one
that would influence his Judgment, and he was
accepted though over the defendants objection, as
the first juror.
Senator Nelson soon had an opportunity Of ask
ing the question he had been often tempted to
ask. William F. Kellogg clear-headed bright
looking young fellow, came upon the stand and
promptly launched an opinion at the lawyer.
"You're trying to get away, aren't youi" bluntly
inquired the Senator. Mr.. Kellogg denied it, but
he looked exceedingly uncomfortable.
Jesse b. Minor found binself wholly unable to
overcome his conviction that % honest men don't
run away.
Mr semple-Is there any reason why you cannot give
Mr MinorYe, eaRdily thsreis Ifthere was no Iss.
did they run S away Tor il there was nothing wrong
NJ sempleTBgt MT sharp did9,t run away ., .,o,-
going Hon esiy now don't believe should
any excuse honest sneak TO Canada.
Mr. Minor was allowed to go without any eftort
on the part of the defence to enlighten him.
John A. Llnscott once served on jury a case
where a Southern gentleman shot arl;" be also
enjoyed pleasant personal relations with " Nike"
Duffy-two circumstances which caused his excuse
A Juror was called who had the name Ustmele
| had an opinion. Rudolph A. Lowenthal became
the tenth juror in place of Juror Duschnes, chal-
enged, after long and interesting examination.
! To Mr. Nicoll he said that he was rubber mer.
chant at No. 1872 Nassau-st.. and that he lived at
No Ga East Ninety -secOndst. He had received from
what he had read of the Aldermanc cases an I'M
preston 10 the guilt or innocence of Sharp but
he confident that he could fairly try the case
! on the evidence submitted.
Senator Nelson informed the court before he be-
gan the jurors animation, that he desired to raise
a question to the constitutionality OF the pro-
vision in the new code governing the selection OF
! jurors. and he therefor challenged Mr. Lowenthal
under the old common law for favor. and de-
manded that the court appoint tryers."
code went into efect.a juror who did seem thor
| oughly impartial was examined by three "tryers
selected from the panel serving at that term Of
court by the judge. This clumsy process OF subst-
tuting laymen for the judge was abrogated by the
new code. Senator Nelson explained that
be brought the the DoOsGf matter Of up an merely
ception. The court denied the motion and gave
the exception. aud ruled rs the defence requested
that this decision applied to every juryman chosen.
1t will be curious 10 see Senator Nelson argue
against the cOnstitutlonaty of this code. lie was
chairman of the Senate Judiciary Committee
cate and champion. Many of its amendments were
his handi ork. Will he declare that his own work
was Ill-donef
The Senator asked Mr.. Lowentna a neat ques-
tion. "Would you require the defence to put IN
case before you would acqutr' he inquired.
lie meant ths Suppose the prosecution
clude " that it Is not worth while
to make any defence; is your mind fair enough 70
look over the States case weigh 10 carefully, and,
IN rendering your decision, give us the benefit OF
all reasonable doubt or would the fact of our rot
offering testimony lead you capriciousy TO convict
the defendanti TO the question as Judge Nelson
put 1t the witness said yes" but to the question
as the court explained it ne replied that he would
weigh the case and decide on 10 fairly
Juror Ringer was excused by consent with tho
courts permission. His physician had furnished
certificate stating that the fatigue of the trial
health. health Ills place Was taken by George
Il sutton hosiery dealer at NO. -; 2lg Sh9ren-St n ST.
general character than that of the dav before, and
all the jurors chosen to fill seats vacated by the
exercise Of the peremptory challenge nave oeen
| Mr. Sutton looks like frst-rate Juryman. his
| answers suggested common sense, cleverness and
sbSiSe Of z Frank G. HnsRa for the eighth seat
| from which Isaac Weiner was unceremOniously
elected by the prosecutions peremptory challenge;
| MIR Mnshall is a furniture dealer at No. 5l0
| Eighth-ave He seemed to be OF singularly Just
| and equitable disposition tie did not want TO
serve and talked good deal about his business.
said he could do it. Mr. Nicol asked him if he was
| member of any political organization.
"Yes sir" he answered, "1 am Prohibftionist,
| didn't get many votes"
He told Senator Nelson that he had never seen
| either Mr. MARITIME Mr.. Nico or Mr.: Semple at any
Prohibitionist meeting, and didn't think they were
| members OF the Organization,
The third juror Julius Saul was told to depart
by the prosecution. His place was hled, after
considerable difficulty, by Robert w, Smith, "A
ookbinder of No, 207 East Twelfth-st, livlrg at
| No rs West One-hundred- d-and-twenty-nlnth-st
| The prosecution here rested from challenging,
but as Mr. Stickney had left court to keep an en-
| gagement an adjournment was taken until this
| morning, when the defence will begin its chat
| ienges The prosecution has used five Of its chal-
| leDges.
The men IN the jury-box are these
| 1 Abraham Brill gloves No. % West l4th-st
| q Owen O. SchimInel syrups No lib howery. -
| Rohsrt w Smith bookbnder No 2O7 East 18th st.